Judge Profits from Jail Sentences

The School-to-Prison Pipeline is real.  Education policy spaces are full of statistics, anecdotes, narratives, and campaigns to inform and correct for what happens to many, many students and youth, particularly our black and brown babies.

Well, here is a REAL account (so it seems) of a JUDGE that has allegedly been sentencing adolescents and teenagers to JAIL and PROFITING FROM IT.

It's sickening.  Deeply sickening.

Judge to serve 28 years after making $2 million for sending black children to jail

2:15 PM EDT

7/30/2013 by Amir Shaw   http://rollingout.com/criminal-behavior/judge-must-serve-28-years-after-making-2-million-for-sending-children-to-jail/

"Judge Mark A. Ciavarella, 63, serves as an example of why the private prison industry can do more harm than good. Ciavarella worked alongside owners of private juvenile facilities to ensure that the prison remained occupied. The more prisoners equated to more profits for the owners of the prison"

(Read more directly from the article.) 

Case of First Impression: Georgia Supreme Court rules that 12-year cannot appeal his placement decision -- UPDATED

The case is In the Interest of W.L.H., No. S12G1049 (Mar. 4, 2013) in the Ga. Supreme Court.  The article on which I am relying can be found on The Daily Report, "Ga. high court: Children can't contest rulings on their care."

On the facts, a young man had been cared for by his cousin from the time that he was 17-months old until he was 12-years-old.  His father is deceased and his mother not in the picture.  He stayed with his cousin by authority of a placement from the state of Georgia.  However, after accusations of abuse on the young man surfaced and there was evidence that he had been struck by the cousin, a Georgia court appointed a legal guardian for the minor.  Later, the court made a legal determination that the minor was experiencing deprivation in his home.  The court ordered that the young man be removed from the cousin's care-- first to foster care and then to a group home.

The young man, armed with an attorney, appealed the court's decision, and then appealed the decision of the Georgia Court of Appeals.  When the case reached the Supreme Court, the question was whether the judges would grant the young man "standing" to actually be heard on his case.  Standing is a legal burden that must be overcome before one can bring a case or controversy to court.  Basically, if one is not appropriately situated in his relationship to the facts and harms of the case, a court will not allow that person to bring the matter to the court's attention.  (Of course, standing is much more complicated, but that's the idea).
 

Closing the School-to-Prison Pipeline [Conference]

Blogging from Harvard Law School Advocate 4 Education’s 1^st Conference on the School-to-Prison Pipeline

March 8, 2012

                The purpose of the conference is to generate multi-disciplinary dialogue about the challenges and foster solutions to the school-to-prison pipeline.  There’s a call for people to work on specific areas of the pipeline, but a greater call for people to see how these pieces fit together.  The speakers are both legal and non-legal, non-profits, juvenile justice officials.  The audience includes service-providers, policy advocates, lawyers, teachers, and students.  Most dynamic, the closing session will be a dialogue from each of the panels applied to a vignette in hopes to find creative ways to approach the particular case.

Panel 1: Education—How do educational institutions add to the problem and how can they solve it?

Moderator:  Susan Cole:  HLS Director of Ed Law Clinic of Trauma and Law clinic

Dr. Laura McNeal, Charles Hamilton Houston Institute

• ·         Research projects are underway that look at some of the causes of disparate impact that policies have (like “zero-tolerance”).  Also developing research tools that will quantify unconscious/implicit bias in order to push public policy change.

Alana Greer, Advancement Project

• ·         Work with community groups and national organizations to get their voices heard at the policy table.  See various takes on what the exact issues are.  Works in LA (truancy tickets for walking to class late or criminal record), Philadelphia (transfers to alternative disciplinary schools, zero-tolerance, out-of-school suspensions).  There’s a background principle being applied that students are different than they were and are more violent and need a police state.  One of the goals is getting administrators’ discretion back so that boyscouts stop getting disciplined for having sporks and students with scissors from gift-wrapping stop getting put in alternative schools.

Daniel Losen, UCLA Civil Rights Project, Director of Center for Civil Rights Remedies

• ·         Focus on school discipline problem—the number of children getting kicked out of school for discipline issues.  For successful remedies have to get to school resources, implicit bias, effective preschool because expulsion is the outcome of these things.  Has promoted a borrowing a disparate impact analysis from administrative law—requiring that a method of administration that has an adverse impact on protected groups (even though it’s facially neutral) can still violate Title XI.  The structure of that disparate impact analysis includes (1) adverse impact on protected group, and either (2) the practice is educationally unsound or (3) less discrimination option exist.  Discipline isn’t just about safety, it’s about students getting time back in school.

Dr. Tim Lisante, New York City Department of Education

• ·         Spent time in Rikers Island in NYC (where there are many jails) teaching and being a principal with students who were sent to the center from their home school.  At this stage, being in the center is pre-adjudication for the students until they have been through their court process.  Now he’s a bureaucrat (J) and a parent of three sons in NYC.  Works on home-school re-entry to transfer students back into their schools once finished in the court systems. (NYC has over 500 high schools).

How Do We Do More for Juveniles Who Get Less of Both Prevention and Rehabilitation Services?

from my Art of Social Change course facilitated by Betsy Bartholett and Jessica Budniz

       

     During Week 10, Bryan Stevenson, Naoka Carey, and Josh Dohan cautioned of how the criminal justice system had retreated back to treating juveniles as adults though the juvenile justice movement sought an independent system that acknowledges the real differences between child and adult psychological development.  Last session during Week 11, Tim Decker and Edward Dolan added to the weekly discourse of how many children in the United States begin life and enter adulthood with fewer opportunities to be productive, healthy people.  Mr. Decker and Mr. Dolan took what we learned steps farther by explaining that the trade-offs between due process and rehabilitation for juveniles has resulted in children experiencing grotesquely punitive treatment in youth corrections institutions.